At Malonis Law Office, we focus our efforts on assisting individuals with employment law needs. One of the more complicated areas of employment law that we serve is disability discrimination. This is a common area that we file claims for as employees are treated unfairly by employers due to an existing disability. Federal and state laws require that employers do not take adverse action against employees due to a disability and that the employer provides reasonable accommodations to the individual so that they can perform their job on a daily basis.
Over the past few years, our Massachusetts employment law attorneys have handled many cases involving disability discrimination. In that time, we have gained experience as well as the knowledge that can be used to assist others who face similar actions by their employers.
If you feel that you have been treated unfairly by an employer due to a disability, its time to seek legal action. Our attorneys can review your case and help you to decide the right course of action for your needs. Below are a few sample questions you can ask yourself to determine if you have been affected by disability discrimination.
Am I Disabled?
In the United States, the Americans with Disabilities Act provides a base for individuals to determine if they are disabled. In Massachusetts, the Fair Employment Practices Act defines disability on a state level. In both cases, the term is defined broadly. Because of this, individuals who do not think they are disabled, actually are based on the law. Technically speaking, an individual is disabled if they suffer from a mental or physical impairment that limits life activities in a substantial way.
In a court case, the employee usually carries the burden of establishing that they are disabled. At Malonis Law Office, we can help you determine if you are disabled by reviewing the conditions that qualify for disability. With this information, we can then determine if you have a disability discrimination case. Our experienced attorneys know how to determine if you have been treated unfairly by an employer based on discrimination involving a disability.
What Rights Do I Have with a Legal Disability?
When it comes to the Americans with Disabilities Act and the Massachusetts disabilities law, disabled employees are covered with certain rights. First, employers cannot harass an individual due to their disability. An individual also cannot be terminated or disciplined due to the disability. Reasonable accommodations must be provided at the workplace to address any limitations of the disability. The employee must also remain interactive with the employer to identify the reasonable accommodations needed.
Our Massachusetts employment law attorneys are ready to review your case, helping to determine if a disability you face is subject to compensation claim based on the treatment of your employer. If you feel that you have been discriminated against based on your disability, then we want to help you fight for your rights. Give our team a call today to schedule a consultation so we can review what happened to you on the job and begin filing an action towards your employer if needed.